2000-222ORDINANCE NO aW - a a?og
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE-
CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM-
PANY FOR A WATER PIPELINE LOCATED AT MILE POST 721170, CHOCTAW SUB-
DIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EX-
PENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager or his designee is hereby authorized to execute a Pipeline
Crossing Agreement with Union Pacific Railroad Company for a water pipeline located at mile
post 721 170, Choctaw Subdivision, City of Denton, Denton County, Texas which is attached
hereto and incorporated by reference herein (the "Agreement")
SECTION 2 The expenditure of funds as provided in the Agreement is hereby author-
ized
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the a?ofh day of 12000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP OViED AS TO LEGAL FORM
HERBERT L PFallTY, CITY AWORNEY
BY
\\CH LGL\V0L1\shared\dept\LGL\0ur Documents\Ordmances\00\Pipelme Crossing-mile post 721 170 doc
PL X 940206
Form Approved, AVP-Law
PIPELINE CROSSING
AGREEMENT
Mile Post 721 17 Choctaw Subdivision
Location Denton, Denton County, Texas
Folder No 1812-46
THIS AGREEMENT is made and entered into as of September 27, 1999, by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor), and
CITY OF DENTON, a Texas municipal corporation, whose address is 901-A Texas St, Denton, Texas
76201 (hereinafter the "Licensee")
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS
Article I LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee
of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500 00)
Article 11 LICENSOR GRANTS RIGHT
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
20" water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated September 24, 1999, marked Exhibit A Under no circumstances shall Licensee modify the
use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for
any other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement
Article III CONSTRUCTION, MAINTENANCE AND OPERATION
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Entry Agreement Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement
Article V. INSURANCE
The Licensee, at its own sole cost and expense, shall provide to the Licensor a Certificate of
Insurance, identifying Folder No 1812-46, issued by its insurance carrier, certifying to the effectiveness
of insurance as follows
a) General Public Liability providing bodily injury and property damage coverage with combined
single limit of at least $1,000,000 each occurrence, a portion of which may be self-insured with
the consent and approval of the Licensor The Licensee will also provide to the Licensor a
Certificate of Insurance issued by its insurance carrier confirming the existence of such insurance
and that the policy or policies contain the following endorsement
UNION PACIFIC RAILROAD COMPANY is named as an additional insured with
respect to all liabilities arising out of the existence, use or any work performed on or
associated with the Pipeline located on Railroad right of way at Mile Post 721 17 at or
near Denton, Denton County, Texas
b) Such insurance shall be endorsed to provide contractural liability assumed by the Licensee under
this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30)
days' prior written notice to the Licensor
C) If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort
laws, the limits of insurance described above shall be the limits the Licensee then has in effect or
which is required by applicable current or subsequent law, whichever is greater, a portion of
which may be self-insured with the consent and approval of the Licensor
d) All insurance correspondence shall be directed to Folder No 1812-46, Union Pacific Railroad
Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102
Article VI TERM
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided
Article VII, AMENDMENT OF EXHIBIT B
Sections 7 (b) and 10 of Exhibit B, hereto attached, are hereby amended to read as follows
Section 7 (b) In addition to other indemnity provisions in this Agreement the Licensee shall indemnify and
hold the Licensor harmless from and against all costs liability and expense whatsoever (including, without
limitation attorneys' fees court costs and expenses) arising out of any act or omission of the Licensee its
agents and/or employees, that causes or contributes to (1) any damage to or destruction of any
telecommunications system on Licensor's property and/or (2) any injury to or death of any person employed
by or on behalf of any telecommunications company and/or its contractor agents and/or employees on
Licensor's property Licensee further agrees that it shall not have or seek recourse against Licensor for any
06/101,00 10 13 FAX 9409498876 DENTON-ENG-DEFT- 0 02
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EXHIBIT "A"
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IF YES, NAME OF STREET
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DISTRIBUTION LINE OR TRANSMISSION LINE
UNION PACIFIC RAILROAD CO.
C)
CARRIER PIPE E
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OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASINO PIPE WHEN FURNI5HIN0 DIMENSIONS, GIVE OUTSIDE OF
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CARRIER PIPE AND IN 1DE OF CASINO PIPE,
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METHOD
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APPLICANT HAS CONTACTED 1-800-336-9193,
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U P COMW1 NICATION DEPARTMENT, AND HAS DETERMINED FIBER
IM VICINITY OF
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WORK TO BE PERFORMED . TICKET NO
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JUN 16 2000 11 20 9403498376 PAGE 02
claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential
damage to a telecommunication company using Licensors property or a customer or user of services of the
fiber optic cable on Licensor's property.
Section 10. INDEMNITY.
(o) As used in this Section, 'Licensor' includes other railroad companies using the Licensor's property at
or near the location of the Licensee's installation and their officers, agents, cmd employees; 'Loss' includes
loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever
nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons
whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and
employees, as well as any other person), and/or (b) damage to or loss or destruction of property whatsoever
(including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor,
or property in its care or custody).
(b) As a major Inducement and in consideration of the license and permission herein granted, the
Licensee agrees, to the extent permitted by law, to indernrufy and hold harmless the Licensor from any Loss
which is due to or arises from:
1. The prosecution of any work contemplated by this Agreement including the installation
construction, maintenance, repair, renewal, modification, reconstruction, relocation, or.
removal of the Pipeline or any par: thereof; cr.
2. The presence, operation, or use of the Pipeline or contents escaping therefrom.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Cor lib Representative
WITNESS
APPROVED AS 0 LEGAL
,FR
HERBERT DUTYC~
By'. ATTORNEY
CITY DENTON
%t I
By.
9-f3-00: 2 33PM: UIJ I ON P<CIPIC :1029973293 5/
PL X 98011!
Pam Approve4 AVP-Lvp
Section 1 IDMATION AND MMQBDINATION OF RIGHTS GRANTED
a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the
Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair,
renew, use, operate, change, modify or relocate railroad hacks, sign4 communication fiber optics, or other wlrelines,
pipelines and other facilities upon along or across any or all parts of its property, all or arty of which may be freely done
at any time or times by the Licensor without liability to the licensee or to any other party for compensation or damages
b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
lessees of the Licensors properly, and others) and the right of the licensor to renew and extend the same, and is made
without covenant of title or for quiet enjoyment
Section 2 CONSTRUCTION. MAINTENANCE AND OPEFLAIION
a) The Pipeline shall be constructed operated, mdntained, repaired, renewed modified and/or reconstructed by
the licensee in strict conformity with Union Pacific Railroad Co Common Standard Specification 1029 adopted November
1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except
as may be modifled,mld approved by the licensors Vice President-Engineering Services In the event such Specification
conflicts in arry respect with the requirements of any federal, state or municipal law or regulation such requirements shall
govem on all points of conflict but in all other respects the Specification shall apply
b) AU work performed on property of theLicensor inconnection with theconstruction, maintenance, repair, renewd,
modification or reconstruction of the Pipeline shall be done to the satisfaction of the licensor
C) Prior to the commencement of any work in connection with the construction maintenance, repair, renswaL
modification relocation reconstruction or removal of the Pipeline where it passes underneath the roadbed and hack or
tracks of the Licensor, the licensee shall submit to the licensor plane setting out the method and manner of handling the
work, including the shoring and cribbing, if arty, required to protect the Licensors operations, and shall not proceed with
the work until such plans lrnre beers approved by the Vice President-Fngineering Services of the Licensor and then the work
shall be done to the sadsfactdon of the Vice President-Engineering Services or his authorized representative The licensor
shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks
during the time of construction mdntenanos, repair, renewal, modification relocation reconstruction or removal of the
Pipeline, and, in the event the licensor provides such support the Licensee shall pay to the licensor, within fifteen 05) days
filer bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith which expense
shall include all assignable costs
d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with
the adjacent surface of the ground
Section 3 NOTICE OF COtvAAE KMMENT OF WORK
If an emergency should arise requiring immediate attention the Licensee shall provide as much notice as
practicable to Licensor before cwmmenncltg anywork In all other situations, the Licensee shall notify the licensor d least
ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property
of the Licensor in connection with the construction maintenance, repair, renewal, modification reconstruction relocation
or removal of the Pipeline All such work shall be prosecuted diligently to completion.
Section 4 j„ICENSEE TO BEAR ENIMFF EXPENSE
The Licensee shall bear the entire cost and expense incurred in connection with the construction maintenance,
repair and renewal aid any and all modification revision relocation removal or reconstruction of the Pipeline, including
any and all expense which may be incurred by the Licensor in connection therewith for supervision inspection flagging,
or otherwise
pkexb Pap 1 d4 Exh" n
section & B@]137ACEMFTIT OO.nT10td OR RFti OV r OF PIm+F~ MiC
a) The license herein granted is sub)ect to the needs and requirements of the Licensor in the operation of on railroad
and In the improvement and use of its propert)% and the Licensee shall, at the sole expense of the Licensee, reinforce the
Pipeline, or move all or any portion of the pipeline to such now location as the Licensor may designate, whenever, in the
furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. All bIicernsor in the the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the
location trereinbefine described shall so for as the Pipeline remains on the property, apply to the pipeline
as modified changed or relocated within the contemplation of airs section.
Section S. NO MMIFFRENCFWMj 1 trr-Uq R c OPFAA7
The Pipeline and all ports thereof within and outside of the limits of the property of the Licensor shall be
constructed
and, at all times, maintained, repaired, renewed and operated in such tearer as to cause no intedersrtce
whatsoeverwith rte constant contfrswus and w*Itenupted use of the tracks, property and facilities of the Licensor, and
thing shall be done or suffered to be done by the Licensee at any time that would in any mauler impair the safety thereof.
Section 7. ffi41F MON OF ME OPTf r cvMB
a) Fiber optic " since ~systems may be buried an the Licensor'' property. protection of the fiber optic cable systems
is of extreme Importance any break could disrupt service to users resin'
revenue and profits. Licensee shall tele in UMbess idetermine and lose of
cable 1s buried P}1OT» the licensor at 1-80a33fa9193 (a 24-hour maner) to etermlrp if fiber optic
mrywhere on the Licensors premises to be used by the Licensee. If it is, licensee will telephone the
telecommunications compny(ies) involved arrange. for a cable locator. MCIM armrgementa for relocation or other
Protection of the fiber optic cable, all at Licensee's expense, and will commerce no work on the right of way until all such
protection or relocation has been accomplished. licensee shall indemnify and hold the Licensor harmless from and
against arising out of or caused In all cot liabttiond expense whatsoever fimluding, without limitation atlorneys' fees. court coats and expenses)
any way by Licensee's failure to comply with the provisions of this Paragraph
b) In st"Heri 69 etimt
jppersonn m and agoinat all costa, liability and expense whatsoever (including, withoutLimitation, att cxpenses) caused by the negligence of the Licensee, its contractor, agents court
any to w.deatruction of any telecommunications system on Lice nvKUlttngln (l )
oon employed by or on behalf of any telecomm company, (2) any InfaYb or death
e, on Lieansor's Property. ems t ti a artdAor its contractor, ants adAor
n f the Licensor. Licensee P ability or expenses are caused solely by >be dtrecl active
a that it shall not !nave or eeekrecourae agmrst Licensor !or any dmmm
of acs of profits or nsvenue w Ioas of service or other cor
tn company using licensor+a property or a customer or user of services of the fiber optic cable on
SEE AFMCLE V
Section B. CLAIMS Ater, Mq` FOR s R AND A s ni 'reY^~
a) 'tis Licensee sholl fully pay for all materials joined or affixed to and labor performed upon property of the L.icensoe
in connection with the construction, rmmntenance, repatr, renewal, modification or reconstruction of the Pipeline, and shall
not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the properly for any
work done or matarials fumishad-thereon-at the instance orraquosf oron behalf of-the Lice,ne". Tho-licensee-shall
indemnify and hold harmless the Licensor against and from any and an liens. claims. demands. coats and expenses of
whatsoever nature in any way connected with or growing out of such work done. labor performed or materials furnished.
b) account the Licensee hall promptly pay or discharge all tomes, charges and assessments levied upon in rem
Pipeline, to prevent the some from becoming a charge or lien pact to, or
the taxes, charges and assessments levied upon or In respect to such upon
property sonhall not property of the increased licensor, and because of o that
the
location construction or makAsnance of the p
rgnorn such ro or any 6apxavemernt appliance or fixture connected therewith placed
laced
p perty, or on accourd of the licensee's interest thersim Where such tat charge or assessment may not be
separate!ynxxk or assessed to the licensee but shall be included in the assessment of the property of the Licensor, then
the Licensee shall pay to the Licensor an equitable Proportion of such taxes determined by the value of the Licensee's
property upon property of the Licensor as compered with the entire volts of such Property.
plxerb
PW 2 d1
EXIMU B
0
A~~~J9?M: VPIIOfJ P4CIF~C
PL.X 980112
Farm Approve.,
:4029973293
Section 9 BE~RaT[ON OFr rL`F7 Cn c -
In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any rnamwr move
or disturb any s ofd the other ~op~ of ibe Licensor In rend of the coffin with the ccnatturL'ou maintenance, repair, renewal,
modific and of i l mM&e4 sob ezPense, restore such fence and o~the jhjs~ onditio r n in that event the Licenses
possible
s th shaell, a soon were In before
such fence was taken down or such other property Party b same cn a mama were
hormlesa.the Licensor, its officers, was moved or dfaturbethed and the Licensee shall indemnify and hold
demands, costs and expenses of wfxdssooenfsver nate employees, ludin court against and from any and aIl GabIlti nova,
to or death of inc or court costs and attorneys fees, which resdam ages, claim.,
Persona whomsoever, or damage to or loss or destruction of property whatsoever, W ma uc frOm
a.1083 or de2tuclion grows out of or orisea from the taking down of , death '
ther P perty of the Licensor. arnY fence or the any
Section 10.
'SJEEAFMC
a)~
location of the licenseeh installation ad their officeza, agents, ad em 1
demands, actions, causes of cotics. Penalties, costs, P oys"; I.Oa3• includes loss, i~ru mains,
attorneys, fees, which may result from a) and °~BnBBe of whatsoever nature, includtngs° and
agents, and emp inJury to or dead, of persons whomsoever (roof coats
,+ding~ }fi
to a ions or uction ,the Licensee's of icers, agents, and employees, r
as weIl as o censor's officers,
destrractiornof ProPerfYA%aisoever Gnchr licensees an) +~eMOW and/or b) damage
or other Property of the Licensor, or property in its care or custody). perty, dame roadbed, trae)a, equipment
to) indemnify a m*r Inducement and in consideration of the tick and Permission herein granted and hold harmless the Licensor from eti'which is due to or arises from: anted the Licensee agrees
i• The Prosecution of contemplated by this A
maintenance, re Modification, Lion, end irxhsding the installation, construction,
part r ne'wa1 reconstruction, relocation. or removal of the Pipeline or any
2. Presence, operation. or use of the
Pipeline a contents escaping therefrom,
section 11.
Prior to the termination of this Agreement Iaowsoever, the
remove Licensee shalt at Licernaees sole
shllti ale restore, ttore,, to f the from those portions the property not occupied by the roadbed and track or tracks of the Ie
and and shall rnsor
inat the time of the consiructi %=ti n of the a the e Li censor, such portions of such property to as good a condition as they were
an o! Pipeline. If the Licensee foils to do the foregoing, the Licensor may do such work
of removal and restoration at the oust ad ezpense of the Licensee. The Licensor rnay, at its option upon such termination,
track at the
or tracks and and expeuch roadbed to sas good ee, remove the portions of the Pipeline located underneath Its roadbed and the
or it may Permit the Licensee to do such work of removcondition c" was in at time of al and restolratio o the satisfaction of the Licensor Lint ev W.
ent
of the removal by the Licensor of the Property of the Licensee and of the restoration of the roadbed and property as herein
Provided the Licensorshall in no manner be liable to the-Licensee-for any damage sustained
account thereof and such removal and restoration shat in no manner re' by the I ionfor d for g on
P ludice or impair any right of action for damages,
or otherwise, that the Licensor may have against the Licensee.
Section 12. WAT MDZBWA H
The waiver by the Licensor of the breach of any condition covenad or agreement herein contained to be kept
Observed caid Performed by the
any subsequent breach thereof Licensee shall is no way impair the right of the Licensor to avail itself of any remedy for
plxesb
Pa.e 3 da
Exbrtit H
~''7ti"P-I1w~3eann: uN ior~ ae.c~cic
FLX 980112
Fam APWW44 AVP•Lm
Section 13
a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues
in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written
notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option forthwith immediately
terminate this Agreement by written notice
b) in addition to the provisions of subpmagraph a) above, this Agreement may be terminated by written notice given
by either party hereto to the other on any dale in such notice stated not less, however, than thirty (30) days subsequent to
the date upon which such notice shall be given
C) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last
known address o n of this
obligations of the parties hereto which may have accrued or liabilltles f accrued or otherwise, which may have arisen rior
thereto
Section 14 AGFMdM NOT TO BE ARWaM
The Licensee shall not assign this Agreement in whole or in part or any rights herein granted without the written
consent of the licensor, and it is agreed that any harsfer or assignment or attempted transfer or assignment of this
Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent
in writing, shall be absolutely void and, at the option of the licensor, shall terminate this Agreement
Section 15 ;j,,J=SMSANDASSMM
Subject to the provisions of Section 14 hereof. Us Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, executors, administrators, successors and assigns
Page 4 d4 EAMU B
pGcexb
EX R-Mff B-1
pipeline/Wi erne Rb=dous, Flrmruble, 12" or Larger)
insurance Reguir n is
Lamree shat!, at its sale cost and mWen0. Proem and maintain during the m of dais Agnxsneut the following insurance coveral
combined Personal Mary co~
a)
nculMLILIkow single limit afar lush S2,DWAO cub omutmee or claim and ~ h o fa and Property damage witE
eomain broad Am tanraetaal lies MIkY with a separam 80mal as zam fbr ( afar (east 24.000,00. Tbis ioswaneo she
Exchisjoi
for nihwds (asap where ffie Job Site is mote than W feet (M from 'Laird umckk dM ~ off)-
tmdepasses or aossiogs), and caplowoa, collapse and tmdergrowd hazard shall be tvaaved • term
.
farm to as omvurrece ide for farm. (b) these Is woumdcd reporting or discovery period if (a) the eoveralle changes Sam a claims
diffaod for the mcp ft policy. . lapxlcaaceliatian of coverage; a (e) Ow IMUCCcaung claim made policy renoaetiva dam i
b) inscnsoee providing bodily kimy, property daamaV and rmhmaed vcbifa coverage with a aorabheeo
s kid o~isJeasr 0~0o~occun=m of claim This mwnacc shall ewer aD WARM vehicles including hired and non.
coverage miler the geaeral pubic liability immenca -
C) hrwrance wveriogLiomvmY
affeseed by this' xtaftnouy ebt'Gty wider rue vwadazs• compamin
participation in seinestrme ~AjoYe+s' if such insmaoce wiD nest cover the liabrilry of ata4Y tJ~ start(s) Ism "act:;` compensabois
evldmce of seas approval must be povidedfmrd. Liceasa shall comply vvitb the laws of such atatrs IfLibimsee Is y self Licensee and tuna insmeis*31" endorse the required utoosona poUcy(fes) to ltmiye th ri ..r r - reqmea
Licensees insesoce shall be primary with respect to any lCStQanQ mind by Licensor. e.. The Moslem Licenser.
provide severabilky ofioterests and mall name Licensor as an additional hature& "Heads rapaired and= (a) and (b) above shall
prior to
endorseaeoes redCommencing tic Wodr. Licaum shall f"-uzk to I_j== cerdfiaaer(a) orhesans a.
upm request', a merdf3md duplicate c rigoaal of soy rcyuued policy- Thefit)slabd~ athe required tm obese and
the mwraoee c~en) ~8 suuch PolicyCks) to notify Licensor in &ft m cheap pta
y'ataims-made' policies orwistmtlrl Hdft ~a~troO MY '1 c+ncsllai'on at least Thir days
prioior tttany
rem. Y redoedaa ofagpegate tiotrts. if such s' (30) days
(30) eputabi Guide Rating of Co m) beace,en by a r ed to do u' awai ec comparry(in) aoeeptaba to Lieasuor orwieu a amens Bests hvsurea x
B and VII or and sudwr business in the state(s) in which the lob Site is !nested.
natzueted Ljcmsw WARRANTS Von this Agreement bas been dierontghly review aad by Grease`s immmee
by. Licissee to proem the insurance coverage required by this Agro meat (s)ibroher(sL who have been
If Licensee fail to proem and maintain irrsturance as reggired, L_ iomspr may elect to do sa :a cost otLiassser
The feu tun insurance is obuiried by Licensee shall not be de eeusee, ioel
miration, liability under the htdcom4 provisions of this Dam to release or de by LI the liability ofLi
it required insmaaa covengL A1a~eat ~O1°Sns recoverable by Licensor shall nest be leaked by dic rm>
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